Delhi High Court Seeks CARA's Response On Framework For Facilitating Adoptions Of Children Orphaned During COVID-19

The Delhi High Court has sought response of the Central Adoption Resource Authority (CARA) on the framework for facilitating adoptions in case of children who have been orphaned during the COVID 19 pandemic.

Justice Pratibha M Singh directed CARA to file a status report in this regard and listed the matter for further hearing on April 8.

"Let CARA file a status report as to the details of the framework which has been put in place for facilitating adoptions, especially in the case of children who have been orphaned during the COVID-19 pandemic," the Court ordered.

The development came while the Court was dealing with three cases relating to international adoption of Indian children. 

In all three cases, the children, as also their biological parents were in India but the adoptive parents have settled abroad. The adoptions were carried out under the provisions of HAMA. However, certain challenges were faced in movement of the children abroad, including in obtaining passports and visas. The adoptive parents were required to obtain a NOC from CARA.

The Court had appointed Advocate Atul Nagarajan as an Amicus Curiae to assist the Court in the petitions.

During the latest course of hearing, the amicus curiae highlighted an issue relating to adoption of children who have been orphaned during the COVID- 19 pandemic, especially in respect of international adoptions in case of children whose relatives wish to adopt them.

The Court also perused the status report filed by CARA giving the status of applications pending with the authority.

In the said status report, the authority had informed the Court that as on date, there were 41 applications under the Adoption (Amendment) Regulations, 2021 which have been received by CARA. Out of these, the District Magistrate had issued the Verification Certificate in 18 cases.

Furthermore, the Court was informed that the matter has been forwarded by CARA to the concerned foreign authorities, for issuance of NOCs under Articles 5 and 17 of the Hague Convention and that such matters were stated to have been processed diligently and expeditiously in coordination with the foreign authorities.

CARA also informed the Court that regarding the database of all District Magistrates, State Adoption Resource Agencies and District Child Protection Units, the database had already been updated and the same was available under the 'Stakeholder' icon on the official website of CARA.

The status report also said that the Sensitisation activities were stated to have been conducted in the state of Kerala, West Bengal as also in the North-Eastern States.

"In this regard, it is directed that sensitisation activities be carried out in other States as well, including states where there may be a higher concentration of adoptions, especially international adoptions such as Punjab, Maharashtra, Gujarat, Karnataka, Kerala, Andhra Pradesh etc.," the Court said.

Regarding the grievance redressal system, the Court was informed that the revamping of the same had been commenced, and the Steering Committee of CARA had approved the proposal to set up a CARA Help Desk for 12 hours i.e.,8:00 a.m to 8:00 p.m., with four dedicated counsellors in each shift. However, the said recommendation was pending with the Ministry for approval.

At this juncture, the amicus curiae submitted before the Court that the Helpline number was not functioning in early February, and that it had started functioning in the last one week.

"Accordingly, this Court has telephonically verified the said Helpline number which is available on the CARA's website, and the same was found to be functional," the Court said.

Accordingly, the Court listed the matters for further hearing on April 8.

Earlier, the CARA had informed the Court that it shall consider permitting advocates to appear as 'authorized representatives' to coordinate and facilitate various formalities that are required to be undertaken in the process of inter-country adoptions. It also said that if virtual meetings are required by either biological or adoptive parents, the same shall be arranged.

Case Title: RAJWINDER KAUR & ANR v. CENTRAL ADOPTION RESOURCE AUTHORITY

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